Drug policy is a fair exchange for getting subsidized housing

Posted: Thursday, March 28, 2002

In the war on drugs, public safety trumps the risk of penalizing innocent people, according to the U.S. Supreme Court. On Tuesday, justices unanimously upheld a strict federal law allowing tenants to be ousted from public housing if any family member or guest is connected to illegal drug activity.

Four California senior citizens challenged the law after receiving eviction notices because of the drug use of relatives or caregivers. Despite diligent efforts to keep people from bringing drugs into their apartments, the residents said they couldn't control the actions of others outside the apartments.

In one case, a resident was to be kicked out after her mentally disabled adult daughter was arrested for crack cocaine near their public housing complex. In another instance, a disabled resident was notified of eviction after his caregiver was arrested for drugs.

The court ruled 8-0 that public housing officials could evict entire families for drug use by one member, regardless of whether the use was on public housing property or if anyone else knew about it. Justice Stephen Breyer did not take part in the housing ruling.

In the court's decision, Chief Justice William H. Rehnquist quoted Congress by saying that ''with drugs leading to murders, muggings, and other forms of violence against tenants,'' aggressive eviction policies are reasonable. The rule, he said, was compatible with Congress' desire to end ''the reign of terror'' in public housing.

Critics have argued the so-called ''one-strike'' housing provision unfairly targets the poor who depend on public housing. Congress passed the law in 1988 amid complaints about crime in public housing.

While the law allows public housing officials to evict residents whose family members are involved with illegal drugs, it does not require them to take such action. Housing directors have the authority to consider whether the resident was blameless in the incident, and, if so, the punishment can be lenient. In fact, the resident whose disabled daughter was arrested for drugs was allowed to stay in public housing once her daughter was no longer living in the apartment.

Like any landlord, public housing officials have a legal obligation to take adequate steps to protect the safety of their residents -- whether it's installing adequate lighting in public areas, making sure housing units are kept up to building codes or removing tenants who pose a threat to other residents. As a condition of their lease, public housing residents across the country agree to follow certain rules or risk eviction. One of those rules is to not allow illegal drugs into their apartment or house someone in the apartment who uses drugs.

Some people may see this anti-drug rule as unduly harsh or restrictive, but we don't think it's unreasonable for residents to have to take an active role in making sure the people they bring into the public housing community aren't engaging in illegal drug activities. When the public safety of a neighborhood is at risk, residents shouldn't be allowed to ignore drug problems or feign ignorance -- not if they want the privilege of living in government-subsidized housing. And, if residents aren't willing to be pro-active and responsible, we're certain many of the families on waiting lists for public housing would be.